Disposed

Thakur Yadav Alias Thakur Mahto and Ors. v. The State Of Jharkhand

Jharkhand HC7 Sept 2015A.B.A./1006/2015

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted interim bail to petitioners accused under dowry and death-related sections of IPC. The court directed surrender within three weeks and issuance of a bail bond subject to Magistrate conditions.

What did the court decide?

Directed petitioners to surrender within three weeks for bail; released on bail with Rs. 10,000 bond and two sureties upon surrender.

Thakur Yadav Alias Thakur Mahto and Ors. Vs The State Of… — Dowry and Cruelty | Jharkhand HC (2015)

¶1

THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 1006 of 2015

¶3

…..

¶4

Thakur Yadav @ Thakur Mahto son of Panchanand Mahto

¶5

Kalawati Devi wife of Thakur Yadav,

¶6

Gajadhar Yadav @ Gajadhar Mahto @ Gajo Yadav son of Thakur Yadav

¶7

Gudia Devi @ Gugia Devi wife of Gajadhar Yadav

¶8

All resident of village Lilawaran P.O + P.S Mohanpur, Dist. Deoghar

¶9

…. Petitioner

¶10

Versus

¶11

1.The State of Jharkhand

¶12

Gedo Yadav s/o late Ketan Yadav R/O village Baljora P.S Molanpur Dist. Deoghar …. Opposite Party

¶13

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

¶14

For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate For the State : Mr. Vijay Kr. Gupta, A.P.P. For the Informant : Mr. Lalit Yadav, Advocate

¶15

02/ Dated 7th September, 2015

¶16

Heard Mr. Arvind Kr. Choudhary, learned counsel for the petitioner, Mr.Vijay Kr. Gupta, learned counsel for the State and Mr. Lalit Yadav, learned counsel for the informant.

¶17

The petitioners have been made an accused in connection with P.C.R Case No. 47 of 2012 registered under Sections 302/304B/498A/201/34 of the Indian Penal Code.

¶18

It has been submitted by the learned counsel for the petitioner that initially first information report was instituted under Sections 302/201/34 of the Indian Penal Code and subsequently on finding the allegations to be false Final Form was submitted stating therein “mistake of fact”. It has been submitted that almost two and half years thereafter protest-cum-complaint petition was filed with additional allegations that there was a demand of dowry from the in-laws of the said complainant and subsequent torture on non-fulfillment of such dowry. It has further been submitted that first information report does not disclose the factum of demand of dowry. Learned counsel further adds that cause of death of deceased was due to asphyxia. It has further been submitted that protest-cum-complaint petition has levelled specifically allegation against all the accused persons and in course of enquiry under Section 202 of the Code of Criminal Procedure all the witnesses have supported the aforesaid fact.

¶19

Learned counsel for the State has gone through the case diary and submits that case dairy also contains statement of witnesses who had supported the demand of dowry.

¶20

Considering the fact that police had submitted Final Form and thereafter a protest-cum-petition has been filed, cognizance was taken and the complaint petition admittedly contains some additional allegations which were absent in the First Information Report, the petitioner above named are directed to surrender in the court below within a period of three weeks and pray for bail and in that event, he shall be released on bail on furnishing bail

¶21

¶22

bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,Deoghar in connection with P.C.R. Case No. 47 of 2012 ( T. R. No. 499 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure .

¶23

(Rongon Mukhopadhyay, J.)

¶24

Anjali

Thakur Yadav Alias Thakur Mahto and Ors. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Thakur Yadav Alias Thakur Mahto and Ors. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arun Bhuiyan Vs The State Of Jharkhand

Ashok Kumar Singh Alias Ashok Singh Vs the State of Jharkhand

Dharamdeo Manjhi Vs The State Of Jharkhand

Chandar Munda Vs The State Of Jharkhand

Vikram Singh Vs The State Of Jharkhand

Vikram Topno Alias Tenu Topno Vs The State Of Jharkhand